City of Chicago v. Collins
Illinois Supreme Court
Appeal from the Circuit Court of Cook county; the Hon. Murray F. Tuley, Judge, presiding. The appellees, three hundred and seventy-three in number, residents and tax-payers of the city of Chicago, suing in behalf of themselves and all others similarly situated, filed a bill to enjoin the city from enforcing" an ordinance providing that all vehicles used upon the streets of the city, including those for private use, for pleasure, etc., should pay an annual license fee, and…
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Appeal from the Circuit Court of Cook county; the Hon. Murray F. Tuley, Judge, presiding. The appellees, three hundred and seventy-three in number, residents and tax-payers of the city of Chicago, suing in behalf of themselves and all others similarly situated, filed a bill to enjoin the city from enforcing" an ordinance providing that all vehicles used upon the streets of the city, including those for private use, for pleasure, etc., should pay an annual license fee, and that any person using any vehicle without first having obtained a license therefor, or failing to have said vehicle…
1Opinion of the CourtJustice Phillips
Two questions are presented by this record: Has a court of equity jurisdiction to enjoin the enforcement of an ordinance of a city; and has the city, under the express or implied powers conferred on it by the legislature, authority to adopt this ordinance.
The enforcement of a void city ordinance may be enjoined in order to prevent' a multiplicity of suits, at the instance of any person whose interests are impaired by it. A court of equity, however, cannot determine whether the ordinance has been violated, but merely whether it is void. Where such court is resorted to on the ground of…
2Cases cited6 opinions
- Smith v. McDowellIllinois Supreme Court · 1893
- Poyer v. Village of Des PlainesIllinois Supreme Court · 1887
- Chicago Packing & Provision Co. v. City of ChicagoIllinois Supreme Court · 1878
- Allwood v. CowenIllinois Supreme Court · 1885
- Farwell v. City of ChicagoIllinois Supreme Court · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by62 opinions
- Vernor v. Secretary of StateMichigan Supreme Court · 1914
- Harder's Fire Proof Storage & Van Co. v. City of ChicagoIllinois Supreme Court · 1908
- City of Chicago v. M. & M. Hotel Co.Illinois Supreme Court · 1910
- Matter of Application of SchulerCalifornia Supreme Court · 1914
- Spiegler v. City of ChicagoIllinois Supreme Court · 1905
57 more not listed; retrieve them via the Exa API.